Page 21 - 期货和衍生品行业监管动态（2024年7月刊）

期货和衍生品行业监管动态

four comparability determinations and related comparability orders granting

conditional substituted compliance in connection with the CFTC’s capital and

financial reporting requirements to certain CFTC-registered nonbank swap dealers

organized and domiciled in Japan, Mexico, the European Union (France and

Germany), or the United Kingdom.

Pursuant to the orders, non-U.S. nonbank swap dealers subject to prudential

regulation by the Financial Services Agency of Japan, the National Banking and

Securities Commission of Mexico and the Mexican Central Bank, the European

Central Bank, or the United Kingdom Prudential Regulation Authority may satisfy

certain Commodity Exchange Act capital and financial reporting requirements by

being subject to, and complying with, comparable capital and financial reporting

requirements under the respective foreign jurisdiction’s laws and regulations, subject

to specified conditions.

The comparability orders will become effective upon their publication in the

Federal Register. For several order conditions imposing new obligations on non-U.S.

nonbank swap dealers, the CFTC is granting an additional compliance period of 180

calendar days.

To rely on a comparability order, an eligible non-U.S. nonbank swap dealer must

notify the CFTC of its intention to satisfy the CFTC’s capital and financial

requirements by substituted compliance. The non-U.S. nonbank swap dealer may not

apply substituted compliance until it receives confirmation from CFTC staff that the

swap dealer may do so. The notice of intent must include certain representations

enumerated in the respective order’s conditions and must be submitted to the

following address: MPDFinancialRequirements@cftc.gov.

https://www.cftc.gov/PressRoom/PressReleases/8925-24

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